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GLENN HEGAR Texas Comptroller of Public Accounts 2019 UNCLAIMED PROPERTY REPORTING INSTRUCTIONS

UNCLAIMED PROPERTY REPORTING INSTRUCTIONS TX UP Reportin… · Unclaimed property can be any financial asset that has been abandoned by the owner for periods ranging from one to 15

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  • GLENN HEGAR Texas Comptroller of

    Public Accounts

    2 0 1 9

    UNCLAIMED PROPERTY

    REPORTING INSTRUCTIONS

  • UNCLAIMED PROPERTY

    REPORTING INSTRUCTIONS

  • Unclaimed Property Reporting Instructionsi

  • Unclaimed Property Reporting Instructions ii

    CHAPTER 1: INTRODUCTION TO HOLDER REPORTING

    What is Unclaimed Property? .................................... 1Types of Unclaimed Property ..................................... 1What is a Holder? ...................................................... 2What Are My Responsibilities as a Holder? .............. 2What You Need to File Your Report ......................... 2Reporting Format ....................................................... 2How Does the Reporting Process Work? ................. 3

    CHAPTER 2: FILING YOUR REPORT

    Determining Dormancy ............................................. 5Notifying Property Owners ....................................... 6Other Methods of Verifying Whereabouts of Owners ................................................................... 6Preparing Your Report ............................................... 7Submitting Your Report and Payment ....................... 7Archiving Data ........................................................... 9

    CHAPTER 3: PROPERTY-SPECIFIC REPORTING

    Crime Victims Restitution ....................................... 11Electric Cooperatives .............................................. 12Escrow Funds Reported by Title Companies ......... 13Financial Institutions ................................................14Insurance-Related Property .......................................21Local Government ................................................... 24Mineral Proceeds ...................................................... 24 Mutual Fund Shares, Distributions and Checks ...... 25Securities or Securities-Related Cash ........................27

    CHAPTER 4: REFERENCE TABLES

    Property Type Codes and Abandonment Periods .....31Relationship Codes....................................................33Suggested Abbreviations ...........................................35Property Description Codes ..................................... 36Securities Delivery Codes .........................................38Country Codes ..........................................................39Summary of Property Types and Dormancy Periods .....................................................42County Codes To be used for reporting mineral proceeds ..........................................................43Helpful Links ............................................................45Deadlines ...................................................................45

    Table of Contents

  • Unclaimed Property Reporting Instructionsiii

  • 1Unclaimed Property Reporting Instructions

    CHAPTER 1

    Introduction to Holder ReportingWhat is Unclaimed Property?Unclaimed property can be any financial asset that has been abandoned by the owner for periods ranging from one to 15 years. The abandonment period is the number of years that the property is held before being sent to the Texas Comptroller of Public Accounts (Comptroller’s office). The property type determines the length of the abandonment period.

    Title 6 of the Texas Property Code governs the state of Texas Unclaimed Property Program. Chapters 72 through 77 apply to the reporting, delivery and claims processes for abandoned property. Chapter 76 applies only to unclaimed property held and reported by Texas counties, municipalities, independent school districts and junior colleges. Chapter 77 applies only to unclaimed crime victims restitution payments held and reported by county probation departments.

    Types of Unclaimed PropertyUnclaimed property is classified into different property types with different abandonment periods. All properties listed on your report must be assigned the correct property type codes. Your choice of codes is important because it determines what type of information is required of claimants.

    Property Type Codes and Property DescriptionsWhen you are ready to prepare your report, select the property type code from Chapter 4: Reference Tables, Property Type Codes and Abandonment Periods section that best describes the original property of the owner. Use the miscellaneous outstanding check code (MS16) only as a last resort when the nature of the uncashed check is truly unknown. Refer to the table entitled Property Description Field Requirements for the specific information required in the description field for each property type.

    Common Types of Unclaimed Property

    Property Type:Abandonment Period (Years)

    Payroll 1

    Utility deposits 1

    Demutualization proceeds 1

    Uncashed dividend or cashier’s checks 3

    Stocks, bonds, mutual fund accounts 3

    Stored value cards (gift cards) 3

    Bank accounts and matured certificates of deposit

    3

    Insurance proceeds 3

    Mineral interests or royalty payments 3

    Court deposits, trust funds, escrow accounts 3

    Money orders 3

    Safe deposit box contents 5

    Traveler’s checks 15

    Introduction to Holder Reporting CHAPTER 1

  • 2 Unclaimed Property Reporting Instructions2 Unclaimed Property Reporting Instructions

    What is a Holder?A holder is any business in possession of property belonging to an individual or business.

    Holders may include:• Mortgage and title companies• Insurance companies• Oil and gas companies• Securities brokers• Utility providers• Local government entities• Institutions of higher education

    What Are My Responsibilities as a Holder?Businesses (holders) who, on March 1, hold property that is presumed abandoned are required to file a report of that property on or before the following July 1. The Comptroller’s office requires the report to be in the electronic format developed by the National Association of Unclaimed Property Administrators (NAUPA).

    Organizations that have determined they are not holding abandoned property are not required to file a negative report.

    A negative report is a zero report showing that a business did not have property to report for that year.

    Exception: county and probation departments will still need to file a negative report for crime victims restitution payments. (See page 11)

    The due date for unclaimed property reporting is July 1 of each year. We recommend a list of customers with whom no contact has been reestablished be relayed to the person responsible for preparing your institution’s report by June 1 (or whenever an internal deadline is set). All the information that you can provide for each customer will assist in verifying ownership when a claim is generated.

    Source: Texas Property Code, Section 74.101

    What You Need to File Your ReportReport OverviewThere are five basic steps to follow when reporting any type of property:

    1. Determining dormancy2. Notifying property owners3. Preparing your report4. Submitting report and payment5. Archiving data

    Reporting FormatYour report must be in the electronic reporting format developed by the NAUPA. The report can be created by using any commercially available reporting software that generates the file in the NAUPA format.

    For reports with a few properties, the Unclaimed Property Division offers Manual Online Reporting (MOR). MOR can be located at ClaimItTexas.org, select “enter a manual report” under the “reporting property” tab.

    Source: Texas Administrative Code, Title 34, Section 13-21

    Important Due Dates

    Source: Texas Property Code, Section 74.101

    Deadlines March 1 — annual cutoff date for required abandonment periods. June 30 — annual cutoff date for life insurance. July 1 — deadline for filing your report and remitting your property. Property may be remitted any time after the March annual cutoff date. Nov. 1 — deadline for filing life insurance reports and remitting property.

    Unclaimed property should not be reported until it has reached the end of the abandonment period.

    If the due date falls on a weekend or holiday, the due date will be the following business day.

    CHAPTER 1 Introduction to Holder Reporting

  • 3Unclaimed Property Reporting Instructions

    How Does the Reporting Process

    Work?

    PREPARING YOUR REPORT

    Unable to locate the owner. A business is holding funds that are owed to an employee, client, vendor or customer.

    Review records by March 1 to determine if contact was made with owner after abandonment period.

    If owner is not found after due diligence, property must be included in the July 1 report to the state.

    By May 1, due diligence notices are mailed, alerting owner that their unclaimed property will be reported.

    Businesses are required to keep information relating to reported unclaimed property for 10 years.

    DETERMINING DORMANCY

    NOTIFYING PROPERTY OWNERS

    SUBMITTING REPORT AND PAYMENT

    ARCHIVING DATA

    1 2 3

    45

    Introduction to Holder Reporting CHAPTER 1

  • 4 Unclaimed Property Reporting Instructions

  • 5Unclaimed Property Reporting Instructions

    CHAPTER 2

    Filing Your ReportDetermining DormancyThe first step in the unclaimed property reporting process is to identify dormant accounts. For each customer account or outstanding amount owed to a person, you will need to determine the date of last contact. To do so:

    • Locate the last documented communication with the owner

    • Determine if the property is abandonedThen identify accounts where the date of last contact falls outside the abandonment period for that property type.

    When reviewing your records for abandoned property, look for the last documented communication or the last debit or credit generated by the owner on any property, not merely the property that is inactive.

    Contact with the owner may be established by mail, email, accessing an online account, in person or by phone. Phone contact must be documented in writing with the date and time of the conversation. The fact that mail is not returned to you by the post office does not, by itself, qualify as contact with that owner or activity on the account.

    Source: Texas Property Code, Section 72.101(a) and Texas Administrative Code, Title 34, Section 13.3

    For your July 1 report, use the following test to determine if a property is reportable:

    (As of the immediate past March 1)

    1. The property has remained unclaimed for at least three years (one year for wages) and

    2. There has been no contact with the owner during the abandonment period.

    Example of DormancyAlpha Optical has the following accounts payable checks:

    • Beta Cleaning Company — $250.00, check dated 12/31/2015, last date of contact 11/30/2015. They no longer handle your janitorial cleaning services.

    • Charlie’s Coffee Company — $500.00, check dated 12/31/2016, last date of contact was last week.

    Accounts payable checks have a three-year dormancy period. Look at the last contact date for each of your outstanding checks to determine if they have met the three-year dormancy period and if you should report them in your 2019 unclaimed property report.

    • Beta Cleaning Company — last contact date was 11/30/2015 and the date of the check is 12/31/2015. Last date of contact date of 11/30/15 (plus 3 years – 11/30/18) falls between the unclaimed property reporting period of 3/2/2018 and 3/1/2019. Report the $250.00 check on the 2019 report.

    • Charlie’s Coffee Company — last date of contact was last week. Since you are continuing to do business and have had recent contact with the coffee company, do not report the $500.00 check on your 2019 report. You should talk to Charlie’s Coffee Company accounting representative and explain you have the outstanding check. They should request you reissue the check.

    Filing Your Report CHAPTER 2

  • 6 Unclaimed Property Reporting Instructions

    Notifying Property OwnersThe second step in the reporting process is to notify the property owner of each dormant account. Holders are required to mail a notice to all owners of property due to be included in their annual report and valued at more than $250. The notice must include the following language:

    (1) You (the holder) are holding the property; and(2) you (the holder) may be required to deliver the

    property to the Comptroller’s office on or before July 1 if the property is not claimed.

    The written notice must be mailed no later than May 1.

    Additional Information• If owners claim their property before you file your

    report, remember to delete those records from your list of reportable property before filing your annual report.

    • The notice requirement does not apply to a holder that has already mailed a letter to the missing owner earlier in the abandonment period.

    • If mail has been returned by the post office as a result of a previous mailing, a second notice to the last known address is not required.

    • You are not required to mail notices to property owners entitled to $250 or less.

    • No notice is required if you do not have record of an address.

    • For properties valued at more than $250, postage costs may be deducted from the cash amount owed to the missing owner.

    • Postage deductions must be made from each owner’s property balance, a single deduction from the report total is not permitted.

    • Holders using commercial software products to create their report in the NAUPA format should enter deduction code MC for mailing cost in the deduction type field and the actual postage cost in the amount deducted field. The net amount due the owner should be entered in the amount remitted field.

    Source: Texas Property Code, Sections 74 .1011 and 77.052

    Other Methods of Verifying Whereabouts of OwnersBefore mailing confirmation letters, remember there are other methods to document your knowledge of the whereabouts of owners even though there has been no owner-generated activity, such as letters or phone calls initiated by the owners.

    Other methods the Comptroller’s office recognizes are:• Cross referencing your records to show that the

    individuals have other active accounts with your institution if customer profiles are not available

    • Signed W-9 Forms, change-of-address notices or other correspondence

    • A telephone log that states the dates and times you spoke directly with the account owners

    • ACH debits or credits generated by the owner• Contact with the owner established by mail, email,

    accessing an online account or by phone. Phone contact should be documented in writing and include the date and time of the conversation.

    Internal credits (e.g., for certificates of deposit interest) or debits (e.g., for safe deposit box rent) generated by your institution are not sufficient for verification of owner activity.

    REMEMBER: If you have had contact with the owners, do not include them on your report.

    CHAPTER 2 Filing Your Report

  • 7Unclaimed Property Reporting Instructions

    Preparing Your ReportThe third step in the reporting process is to prepare your report. All property not previously reported to the Comptroller’s office and unclaimed for the applicable period of abandonment or longer should be included in your report. Holders are required to report all available owner information. The last contact date, relationship code, Social Security numbers, last known addresses and property descriptions are important for verifying ownership during the claims process. If you do not include the last contact date and relationship code, your report will be rejected. Submitting as much information as possible with your report reduces the need for us to contact you for additional information.

    Holders are allowed to report individual owner records of less than $25 value in aggregate. You may combine amounts under $25 by property type and provide a single total for each property type. Do not combine different property types into one aggregate record.

    The property type code used on an aggregate record should always end in “99” (e.g., AC99 or IN99). In the description field of an aggregate record, list the number of properties that you combined for the aggregate entry and the property type. For example, an AC99 record with “15 AC01” entered in the description field indicates 15 checking accounts are aggregated on one record.

    If an owner files a claim for an amount less than $25 that you reported in the aggregate, our office will contact you for verification that the owner’s property was included in your aggregate total.

    Source: Texas Property Code, Sections 74.101(d), 74.501 and 77.201

    NOTE: Though allowed by statute, aggregated property omits individual owner names. Without owner names, it is very difficult for Comptroller staff and owners to locate their property. For this reason, aggregating property is discouraged.

    Accessible forms can be found at: ClaimItTexas.org/app/forms-holder.

    Submitting Report and PaymentThe fourth step in the reporting process is to submit the report and payment. Property reports must be submitted to the Comptroller’s office via secure file transfer portal in the NAUPA format via our secured website, ClaimItTexas.org by July 1.

    Reports will be subject to rejection if the data does not comply with these standards. If rejected, holders have up to 30 days to resubmit corrected reports. Holders failing to resubmit corrected reports within 30 days may be subject to a daily penalty.

    After the transmission is complete, you will receive two notifications. The first is the Holder Summary which is displayed on your screen immediately after submission. You will receive the second notification in an email containing your confirmation/report ID number shortly after submission.

    The confirmation number must be included with your payment. If the transmission fails, a message displays indicating there was a problem. If your transmission continues to fail, please contact the Holder Reporting and Education Section at 800-321-2274, Option 2, for assistance.

    Source: Texas Administrative Code, Title 34, Section 13.21

    NOTE: The maximum size for the report is 250 MB.

    Filing Your Report CHAPTER 2

  • 8 Unclaimed Property Reporting Instructions

    Payment and DeliveryTexas law allows holders of unclaimed property to remit payments by check or electronically with an automated clearinghouse (ACH) debit or credit through the State of Texas Financial Network, TEXNET. Holders who remit more than $100,000 in unclaimed property are required to make their payments electronically.

    Enrollment in the TEXNET Program, specific for unclaimed property, is required prior to sending ACH payments. Texas enrollment information can be found at comptroller.texas.gov/programs/systems/docs/96-1141.pdf. The last day to enroll is June 30 before 6 p.m. (CST) to meet the July 1 deadline. If you are currently enrolled for unclaimed property, go to https://texnet.cpa.state.tx.us, to initiate your payment. Your remittance can be scheduled up to 30 days before your payment is due. The information will be given in a pending status, and your funds are not transferred until the date you designate.

    Checks should be made payable to:Texas Comptroller of Public Accounts Unclaimed Property

    Remittances should be mailed to:Texas Comptroller of Public AccountsUnclaimed Property DivisionP.O. Box 12019Austin, Texas 78711-2019

    Physical address for courier delivery of remittance:Texas Comptroller of Public AccountsUnclaimed Property Division111 E. 17th St. Austin, Texas 78774-0100

    Deliver tangible property to:Texas Comptroller of Public AccountsUnclaimed Property208 E. 10th St., Room 232AAustin, Texas 78701-2407

    Holder Refund and Reimbursement RequestHolders may request a refund of property amounts reported in error, e.g. prior to the end of the abandonment period. Holders may also be reimbursed for returning erroneously reported properties directly to an owner.

    The Holder Refund and Reimbursement Request form can be found at ClaimItTexas.org/app/forms-holder.

    Source: Texas Property Code, Section 74.502

    Exception — Missed Your TEXNET Payment Deadline?

    When payment information for ACH debit transactions cannot be submitted before 6 p.m. (CST) on the bank business day before the due date, or when ACH credit with addenda transactions cannot be originated for settlement on the due date, you must use the following procedure to ensure a timely payment:

    1. Report payment information as early as possible on the payment due date by calling the TEXNET hotline at 800-531-5441, ext. 3-3010. This call is very important – without it, we will not have the necessary information to apply the payment to your unclaimed property account.

    2. Instruct your financial institution to wire transfer your payment to:

    Bank name: Texas Comptroller of Public Accounts

    Routing #: 114900164Account name: Texas Comptroller of

    Public Accounts

    Account #: 883083001The Comptroller of Public Accounts is the receiving bank, located in Austin, Texas. You must include your holder name and taxpayer identification number in the wire, as well as the name of a contact person and phone number.

    CHAPTER 2 Filing Your Report

  • 9Unclaimed Property Reporting Instructions

    Interest and Penalty on Late RemittancesHolders who fail to pay property on time will be assessed interest and penalty from the date the property should have been paid until the date it is received in our office. Interest and penalty for late filing is based on the date the property is paid to our office. We recommend that you file a report immediately if you determine you are holding property that should have been paid in previous years. The Comptroller’s office will calculate the interest and penalty and forward a bill for any amount owed.

    Source: Texas Property Code, Sections 74.705 and 74.706

    Archiving DataThe last step in the reporting process is to archive the information included in the report. All holders are required to retain unclaimed property records for 10 years after the property was reportable. You may be contacted by Comptroller staff to verify previously reported information.

    It is important that you keep records of owners’ last known addresses, even though the post office may have returned their mail. This information is required to assist claimants in verifying ownership of their property.

    Source: Texas Property Code, Section 74.103

    For questions or assistance, contact our Holder Reporting and Education Section at:[email protected], Option 2

    For tangible property questions or assistance, contact Safe Deposit Box staff at:[email protected], Option 2, then Option 3

    Filing Your Report CHAPTER 2

  • 10 Unclaimed Property Reporting Instructions

  • 11Unclaimed Property Reporting Instructions

    CHAPTER 3

    Property-Specific ReportingCrime Victims Restitution County and probation departments are required to file crime victims restitution payments electronically by July 1 of each year. If the due date falls on the weekend or holiday, the due date will be next business day.

    Reporting Annual ReportRestitution payments are presumed abandoned in the following instances:

    • If an owner does not make a claim for payment before the fifth anniversary of the date the department received the initial restitution payment.

    • The department is unable to locate the owner for a period of five years after the date the department last made a payment to the owner.

    Once restitution payments meet these requirements, departments are required to file a report with the Comptroller’s office by July 1 of each year.

    All unclaimed restitution payments reaching the end of the five year abandonment period (last date of contact between March 2, 2013, and March 1, 2014) must be reported electronically by July 1, 2019. If known by the department, reports should include:

    • The name, SSN, driver’s license or state identification number, email address and last known address of the owner entitled to the restitution payment;

    • The cause number of the case in which the judge ordered the restitution payment;

    • The amount of restitution ordered and the balance owed to the owner; and

    • The date of the department’s last contact with the owner.

    In addition, departments are required to mail a notice to all owners of property that is due to be included in their annual report. The written notice must be mailed no later than May 1. If owners claim their property prior to remitting your report, delete their records from your list of reportable property before filing your annual report.

    Source: Texas Property Code, Section 77.051

    NOTE: Information relating to unclaimed restitution payments will be kept confidential.

    If there is no property to report, a negative report is required.

    Property-Specific Reporting CHAPTER 3

  • 12 Unclaimed Property Reporting Instructions

    Electric CooperativesTexas nonprofit electric cooperatives have the option to redirect a portion of their reportable unclaimed property to one or more of the following three specific funds created to assist their communities.

    • Rural scholarship• Economic development• Energy efficiency assistance

    In April of each year, information regarding the transfer requests are mailed to each electric cooperative. The completed requests from the cooperatives are due by June 1.

    In addition to your remittance report, a separate non- remittance report must be submitted for each fund the cooperative chooses to redirect funds providing the reported property owners’ names, property information, and amounts due to the Comptroller’s office on or before July 1.

    Capital credits are property type (UT04). Electric cooperatives reporting capital credits should enter the numeric county code of service in the country field so that redirected funds can be properly allocated to each owner’s county of service. County codes should not be included on scholarship reports, energy efficiency assistance reports or economic development reports. When entering county codes, be sure to use all three digits (i.e., 005, 027, 099). Refunds (UT03) do not require a county code.

    If you have the county code information available for the aggregated capital credits, create a separate aggregate record for each county and enter the county name in the description field.

    Source: Texas Property Code, Section 74.3013

    CHAPTER 3 Property-Specific Reporting

  • 13Unclaimed Property Reporting Instructions

    Escrow Funds Reported by Title CompaniesIn addition to wages and uncashed checks, title companies should report escrow accounts, which have not been claimed and have had no activity or current contact with the owner for three years. Funds in active litigation should not be reported. The three-year abandonment period commences on the date of last contact with the owner or on the date of the last owner-generated activity.

    Escrow FundsEscrow balances include accounts where you hold money because of the nonperformance of the conditions of the escrow agreement. Generally, amounts placed in escrow at closing should be reported in the name of the party who provided the funds. A portion of the seller’s payoff held to ensure all taxes were paid and repairs were completed is one example. Once the taxes are paid, repairs are made or other conditions of the escrow agreement are met and funds remain unclaimed, the seller’s name would be reported as the owner of the unclaimed amount. The buyer would not be entitled to the funds.

    NOTE: Service or maintenance fees may not be deducted from funds that are subsequently reported as unclaimed property unless stipulated in the contract and acknowledged by the signatures on the contract.

    Earnest MoneyThe Texas Department of Insurance advises that disputed earnest money should be interpleaded into the appropriate court registry. Even in a situation where one of the claimants cannot be located, the court may be able to enter a default judgment disposing of the earnest money.

    In transactions involving earnest money, both the buyer and the seller have an undivided interest in the entire amount. Therefore, both the buyer and the seller are considered the owner under the statute, and both parties’ names should be listed on your report. The person who placed the money in escrow – usually the buyer – should be reported as the primary owner. The other parties should be listed as additional owners. If you have communicated with both the buyer and the seller within the last three years, and they cannot agree on the disposition of the funds, the account would not be considered unclaimed property and should not be remitted.

    If the contract stipulates that the seller may claim the funds under specific conditions, and documenting evidence in your file indicates that those conditions exist, the seller’s name would be listed as the owner in your report. The buyer would not be listed as an additional owner.

    If you have contact with one party but a release cannot be secured from the missing party, the funds should be reported three years from the date of last contact with the missing party or date of scheduled closing. If one party believes he or she is entitled to the funds, the claim is not diminished when the funds are remitted. If you have contact with both the buyer and the seller, the funds should not be reported.

    Earnest money and other escrow funds should be reported using property type code TR04. For other types of property you report, select the property type code that best describes the original property of the missing owner. The miscellaneous outstanding check code (MS16) should be used only as a last resort when the nature of the uncashed check is truly unknown.

    Property-Specific Reporting CHAPTER 3

  • 14 Unclaimed Property Reporting Instructions

    Financial InstitutionsFinancial institutions include banks, savings and loans, state credit unions and federal credit unions. Organizations such as federal land banks or personal finance companies are not included in this group for the purposes of this chapter.

    Abandonment PeriodsProperty reportable by financial institutions has abandonment periods ranging from one to five years.

    Abandonment Period Property Type

    One-Year Property: Wages

    Three-Year Property:

    Includes, but is not limited to:• all types of checking and savings accounts,

    • matured certificates of deposit,

    • money orders and most types of uncashed checks,

    • trust-related properties, investment and escrow accounts,

    • all types of securities-related properties,

    • sums payable under pension and profit-sharing plans,

    • safekeeping properties,

    • loan collateral, and

    • miscellaneous types of unclaimed property such as accounts payable checks and unidentified deposits.

    Five-Year Property: Abandoned safe deposit box contents.

    Preservation of Inactive Account or Safe Deposit BoxA depository is responsible for preserving safe deposit box contents and accounts that are inactive. The depository may not reduce the value of the account or the contents of the box. Value is determined as of the date the account or safe deposit box becomes inactive.

    Source: Texas Property Code, Section 73.003

    Certificates of DepositThe abandonment period for matured certificates of deposit is three years. The abandonment period begins on the day following the first maturity of the certificates – that is, the day following the end of the first term. Thus, abandoned certificates of deposit must be reported three years from the dates the owners were first able to recover the funds without penalties.

    For certificates of deposit to be considered abandoned, there must not be any customer contact for three years. If owners of certificates of deposit have other active accounts with your institution, or you have other contact with them, do not report or remit their certificates.

    To facilitate your review of certificates of deposit for possible abandonment, a report should be generated listing all certificates with a first maturity date three years prior to the cutoff date of March 1 of that year. Various resources can be used to verify the last contact date with the customer. See Other Methods of Verifying Whereabouts of Owners on page 6 for suggestions.

    When reporting automatically renewable certificates of deposit, you may hold the funds until the next maturity.

    Source: Texas Property Code, Section 73.101

    NOTE: Automatically renewable certificates of deposit have the same reporting criteria as other certificates of deposit.

    If you have had no contact with the owner for three years from the day following the first maturity, the certificates should be remitted. Depositing the CD interest in another account that has no activity or the non-return of interest checks by the post office does not constitute contact.

    If a check is deposited into another bank, do not report.

    REMEMBER: If owners of certificates of deposit have other active accounts with your institution, or you have other contact with them, do not report or remit their certificates.

    CHAPTER 3 Property-Specific Reporting

  • 15Unclaimed Property Reporting Instructions

    Individual Retirement AccountsIndividual retirement accounts (IRAs) have an abandonment period of three years, which begins on the mandatory distribution date of the required minimum distribution (RMD). Under federal law, the mandatory distribution date is April 1 of the calendar year following the calendar year in which the owner of the IRA reaches age 70½.

    Any traditional IRAs unclaimed for more than three years from the mandatory distribution date, as of March 1, should be included on the July 1 report. If an event, such as death of an owner, occurs prior to the owner reaching age 70½, commence the abandonment period from the date of the owner’s death, if the existence or whereabouts of any beneficiaries is unknown to you.

    Roth IRAs are usually not reportable because the owners are never required to take mandatory distributions during their lifetime. However, if an owner fails to cash a distribution, the three-year abandonment period would begin on the date the amount was payable.

    If the owner of a Roth IRA is deceased, federal tax laws generally require that the funds be distributed to the beneficiaries no later than the end of the fifth year following the owner’s death. If the whereabouts of any beneficiaries is unknown to you, commence the abandonment period from the date of the owner’s death.

    Corporate Trust Property and Paying Agent AccountsSeparate reports must be filed for each issue of stock, and each issuing company’s FEIN must be provided. This requirement does not apply to bearer bonds, which may be combined on one report using your institution’s tax ID.

    All other requirements for reporting securities-related property should be followed. See the Securities or Securities-Related Cash section, page 27, for complete instructions.

    Unclaimed Loan CollateralUnclaimed loan collateral has an abandonment period of three years. This period begins on the date the loan was paid in full.

    There are two criteria for collateral to be reported as abandoned:

    The loan has been paid in full or charged off and

    There has been no customer contact for three years.

    Each time collateral in the vault is physically inventoried and matched to the collateral file receipts, items that cannot be matched to an unpaid loan should be identified. These items should be audited for the time span from payoff date. Letters should be mailed to the

    customers, reminding them to collect their collateral. Any items not retrieved are reportable as unclaimed property after the three-year abandonment period has passed. If a customer has other active accounts at your institution or responds to the notification letter, their property should not be reported. Refer to Other Methods of Verifying Whereabouts of Owners on page 6 for other acceptable methods you may use to document your knowledge of the whereabouts of owners.

    When reporting unclaimed loan collateral, one of two property type codes should be used. Select property code SD04 for tangible property set aside for a loan. Examples of tangible collateral are jewelry, stock certificates, deeds, etc. All requirements for reporting and remitting safe deposit or safekeeping property must be followed.

    Loan collateral that will be remitted as cash should be coded with property code MS13. Examples of cash loan collateral are savings accounts, certificates of deposit, etc.

    NOTE: For charged-off or defaulted loans, any amount of money received for the collateral that exceeded the amount of the unpaid loan must be remitted to the Comptroller’s office.

    Property-Specific Reporting CHAPTER 3

  • 16 Unclaimed Property Reporting Instructions

    The following information is needed in the description field when reporting MS13 loan collateral:

    • Collateral receipt number• Loan number• Description of collateral (e.g., issuing bank and

    certificate number for certificate of deposit; bank name and account number for bank account).

    The person or entity that pledged the loan collateral should be listed as the owner of the property. If the loan was in the name of a person or entity other than the owner of the collateral, enter the loan name in the description field of the report.

    Reporting Safe Deposit Boxes and Safekeeping PropertySafe deposit box contents held by depositories that have remained unclaimed by the owners for five years should be reported on July 1 of every year. Safekeeping properties, loan collateral and any other tangible properties not held in safe deposit boxes should be reported after remaining unclaimed for three years.

    Source: Texas Property Code, Section 73.101

    The three or five year abandonment periods commence on the date of last contact with the property owners.

    SAFE DEPOSIT BOX CONTENTSCalculate five years from the date the last rental payments expired (i.e., the rental payment then due went unpaid).

    UNCLAIMED LOAN COLLATERALCalculate three years from the date the loans were paid in full and the collateral was returnable to the borrowers.

    SAFEKEEPING PROPERTIESCalculate three years from the date of last contact with the owners.

    Remember, If the owners have other active accounts at your institution or there is other evidence of contact, do not report their property, even though the abandonment criteria are met.

    All boxes should be drilled and inventoried prior to preparing your report.

    Do not submit safe deposit box contents, safekeeping properties, tangible loan collateral or inventory sheets with your July 1 report.

    You will be assigned a delivery date and will receive a notice approximately 30 days before your scheduled date. An email address should be included with your report so that a delivery notice can be emailed.

    Preparing Your ReportSafe deposit box contents or safekeeping property must be reported electronically. The report must include the names and addresses of the missing owners, the total face value of all U.S. cash and the box number or safekeeping receipt number. See Chapter 1: General Information for more information on electronic reporting, or visit ClaimItTexas.org/app/holder-info.

    Source: Texas Administrative Code, Title 34, Section 13.1

    NOTE: If box contents from multiple branches are being reported by a central location, all of the contents must be shipped together from that central location. The shipment may include multiple packages.

    CHAPTER 3 Property-Specific Reporting

  • 17Unclaimed Property Reporting Instructions

    Standard Inventory Sheet and 53-129: Unclaimed Property Safe Deposit Box Remittance when sending in your contents.

    Complete an inventory sheet for each owner by entering the quantity in the applicable categories listed below. Please follow the specified guidelines for each category.

    Guidelines for Inventory CategoriesCategory Guidelines

    Papers Do not itemize papers of no value.

    Military Discharge Papers and Wills Both should be originals. Wills should be signed.

    U.S. Cash Include the face value of all U.S. coins and currency in the box or safekeeping envelope. Do not send checks in lieu of actual cash. Do not run coins through a counting machine.

    Foreign Coins Country of origin or face value is not required.

    Foreign Currency Country of origin or face value is not required.

    Rings The description of each item is not required.

    Bracelets The description of each item is not required.

    Necklaces/Pendants The description of each item is not required.

    Earrings The description of each item is not required.

    Pins The description of each item is not required.

    Wrist Watches/Pocket Watches The description of each item is not required.

    Savings Bonds Include the face value and the quantity of all bonds in the box.

    Securities Securities category includes stock certificates, interest coupons, etc. When describing securities-related properties, include the registered owners’ names and names of the security issuers.

    Miscellaneous Items Include a brief description of any items that do not fall into the above categories. This could include firearms and/or controlled substances that will require special handling. You must contact your local law enforcement agency if firearms or controlled substances are found in safe deposit boxes. Firearms must NOT be sent to the Comptroller’s office until police have unloaded the weapons. Your local law enforcement agency should confiscate any controlled substances and any live ammunition. DO NOT send these items to the Comptroller’s office. Include a letter with the inventory sheets, explaining that these items were found but turned over to your local law enforcement agency.

    Inventories and Delivery of PropertyThe property of each owner must be packaged in a separate envelope. The safe deposit box inventory sheet should be attached to the outside of the envelope. The outside of each envelope should have the property owner’s name and the box number (or safekeeping receipt number). Please use forms 53-127: Unclaimed Property

    Property-Specific Reporting CHAPTER 3

  • 18 Unclaimed Property Reporting Instructions

    Physical Address Contact Information

    Mail or deliver tangible property to: Texas Comptroller of Public Accounts

    Unclaimed Property208 E. 10th St., Room 232AAustin, Texas 78701-2407

    For questions or assistance, contact Safe Deposit Box staff at:[email protected]

    or 800-321-2274, Option 2, then Option 3

    Shipping InstructionsPlease account for all properties reported in July. Include the Uninventoried Boxes Holder report, which is included with the schedule notice, when shipping by courier service. If an owner is reported and customer contact is made before the delivery date, update the Uninventoried Boxes Holder report to ref lect the change. Deliver your contents by your assigned delivery date.

    Do not use the U.S. Postal Service to ship contents; all contents must be sent by a courier service. If you do not use a courier service, your delivery will not be indemnified. Please ship all packages signature-required upon delivery. When shipped, please send an email confirmation with tracking information to [email protected].

    CHAPTER 3 Property-Specific Reporting

  • 19Unclaimed Property Reporting Instructions

    STATE OF TEXASCOMPTROLLER OF PUBLIC ACCOUNTS

    53-127(2-06)

    QUANTITY INVENTORY ITEMS

    ____________ Miscellaneous papers (deeds, insurance, marriage licenses, etc.)

    ____________ Original signed wills or original military discharge papers

    ____________ U.S. Cash (face value of coins and currency)

    ____________ Foreign coins

    ____________ Foreign currency

    ____________ Rings

    ____________ Bracelets

    ____________ Necklaces / pendants

    ____________ Earrings (pair = 1, single = 1)

    ____________ Pins

    ____________ Wrist watches / pocket watches

    ____________ Savings bonds $ _________________ Face value of all bonds

    ____________ Securities – Include issue names below:

    ______________________________________________________

    ______________________________________________________

    ______________________________________________________

    ____________ Miscellaneous items – Include description below:

    ______________________________________________________

    ______________________________________________________

    ______________________________________________________

    UNCLAIMED PROPERTYSTANDARDIZED INVENTORY SHEET

    Box number

    Date Time

    Reason for inventory

    Bank name

    Renter

    Property-Specific Reporting CHAPTER 3

  • 20 Unclaimed Property Reporting Instructions

    Holder Federal Employer Identification Number Holder phone number (Area code and number)

    Holder name

    Holder address line 1

    Holder address line 2

    City State ZIP code

    Number of shipping containers Number of properties reported

    Number of properties remitted Number of properties with $1,000 or more in U.S. Cash

    I declare that the property delivered is a complete and correct remittance of all reported tangible property.Signature of holder representative Name and title of holder representative Date

    T

    53-129(Rev.11-18/4)

    STATE OF TEXASCOMPTROLLER OF PUBLIC ACCOUNTS

    Unclaimed Property Safe Deposit Box Remittance

    How To Ship Reported Tangible Property• Complete top of form with remittance information.• Print the Safebox System Inventory received with the shipping notification. This is your packing slip.• If property is reported from a central location, it must be sent as a single shipment. The shipment may include multiple containers.

    When packaging items for shipment:

    • Initial each property on the Safebox System Inventory as it is packed in the shipping container.• Pack the properties in same order as listed on the inventory list.• Do not include property that is not on the Safebox System Inventory.• If any property on the inventory list is not included in the shipment, note the reason.• If any property includes $1,000.00 or more in U.S. cash, highlight the property on the inventory list.• Fragile or delicate items must be packaged carefully.• Number each container and include the total number of containers in the label. (e.g. 1 of 5) • Place the Safe Deposit Box Remittance and the Safebox System Inventory inside the top of shipping container number one.

    All containers must be shipped using a courier service. Do not use the United States Postal Service.

    All shipments must require a signature upon delivery.

    Ship packages to exas Comptroller of Public AccountsUnclaimed Property208 E. 10th Street, Room 232-AAustin, TX 78701-2407

    Send an email with the tracking information to [email protected] Assistance

    Additional information can be found in the publication "Unclaimed Property Reporting Instructions," available at www.claimittexas.org/docs/96-478.pdf. Contact us by email at [email protected]. or phoneat 1-800-321-2274, Option 2, then Option 3.

    PRINT FORM CLEAR FIELDS

    CHAPTER 3 Property-Specific Reporting

  • 21Unclaimed Property Reporting Instructions

    Insurance-Related Property Life InsuranceLife insurance companies engaged in the business of insurance in Texas should review and remit unclaimed property. Life insurance companies that hold unclaimed property on June 30 are required to report that property by the following Nov. 1.

    Source: Texas Insurance Code, Chapter 1109

    All Other Types of InsuranceAll other types of insurance companies should follow the general guidelines for reporting in Chapter 2: Filing Your Report. The cutoff date for reviewing your records is March 1 of each year. Your report and remittance are due July 1 of each year.

    Property Type Codes and Property DescriptionsAll properties listed on your report must be assigned property type codes. Your choice of codes is important because it determines what type of information is required of claimants. The list that follows describes which code to use for a particular property type. It also indicates what information you must provide in the property description field when remitting those types.

    Code Property Type

    IN01 Individual policy benefits and claim payments. Provide the policy numbers and names of the insured; claim numbers if applicable.

    IN02 All group policy benefits and claim payments, excluding death benefits. Provide employer names and policy numbers, names of insured and claim numbers if applicable.

    IN03 Death benefits on individual or group policies. Provide policy numbers and names of insured and claim numbers if applicable. When reporting death benefits, beneficiaries should be listed as the owners of the property.

    IN04 Matured policies, endowments and annuities. Provide the policy number, name of insured and beneficiaries.

    IN05 Premium refunds on individual policies. Provide the policy number and name of insured.

    IN06 Unidentified premium payments or remittances. Provide any information available; owner name will be reported as unknown.

    IN07 All other insurance-related property not described above. Provide a complete description of the property.

    NOTE: In the description field, first specify the type of insurance you are reporting. Use the abbreviations AH for accident and health. PC for property and casualty and L for life insurance.

    Code Property Type

    IN08 Agent credit balances. Provide dates of employment.

    IN99 Aggregate properties less than $25. Number of records and property type. Property type code used on aggregate record should always end in 99. Do not combine different property types into one aggregate record.

    CK10 Expense checks or drafts. Provide check number; description of expense if available.

    CK13 Vendor checks or drafts. Provide invoice number and check number.

    MS01 Employee wages. Provide dates of employment.

    MS02 Agent commission checks. Provide dates of employment and agent’s Social Security Number.

    SC85 Demutualization cash. Provide policy number and name of insured.

    SC86 Demutualization shares. Provide policy number and name of insured.

    Property-Specific Reporting CHAPTER 3

  • 22 Unclaimed Property Reporting Instructions

    Life Insurance Death Master File Comparisons Effective Sept. 1, 2017, Senate Bill 561 amended the Insurance Code to establish requirements and procedures for an insurer to compare its in-force life insurance policies, annuity contracts and retained asset accounts against the United States Social Security Administration Death Master File (DMF). Any other database or service that is at least as comprehensive as the DMF may also be used for the comparison. The DMF comparison applies only to an insurance policy or annuity contract delivered, issued for delivery or renewed on or after Jan. 1, 2018, or a retained asset account established in connection with the insurance policy or annuity contract.

    Insurance policies or annuity contracts delivered, issued for delivery or renewed prior to January 1, 2018 are governed by the law as it existed prior to the effective date of September 1, 2017.

    How Often is a Comparison Required? To identify potential matches, an insurer is to compare its in-force life insurance policies, annuity contracts and retained asset accounts against the DMF at least semiannually. The first comparison is to be performed against a full DMF; then subsequent comparisons should be made against DMF update files.

    How Should the Comparison be Conducted? The required comparisons are to be conducted electronically to the extent the insurer’s records are available in electronic format. For any records that are not available electronically, the insurer should use the most easily accessible insurer records. The comparisons should include all in-force life insurance policies, annuity contracts and retained asset accounts and any policies, contracts, or accounts that have lapsed since the previous comparison.

    The comparisons are to account for:1. common nicknames, initials used in lieu of a first

    or middle name, use of a middle name, compound first and middle names, and interchanged first and middle names;

    2. compound last names, maiden or married names, and hyphens, blank spaces or apostrophes in last names;

    3. transposition of the month and date portions of the date of birth; and

    4. an incomplete Social Security number.

    Finding a DMF MatchFor each match, no later than the 90th day after the date the insurer identifies the match, insurers are to:

    1. complete a documented good faith effort to confirm the death of the insured or retained asset account holder against other available records and information;

    2. review the insurer’s records to determine whether the deceased individual had purchased or was otherwise covered by any of the insurer’s other products; and

    3. determine whether proceeds may be due in accordance with the applicable policy, contract or terms governing the applicable account.

    Group Life Insurance or Annuity ContractsFor group life insurance or a group annuity contract, an insurer is required to confirm the possible death of an insured or retained asset account holder only if the insurer provides record keeping services for the group policy or group annuity contract.

    Duties Regarding theDeath Master FileIf the insurer determines that proceeds may be due and a beneficiary or other authorized representative has not communicated with the insurer on or before the 90th day after the date the insurer identifies a DMF match, the insurer is to:

    1. complete a documented good faith effort to locate and contact each beneficiary or other authorized representative on the relevant policy, contract, or account; and

    2. provide to the beneficiary or authorized representative the appropriate claim forms, instruction, or information to make a claim, including information about any need to provide an official death certificate or show proof of death under the applicable policy or contract or terms governing the applicable account.

    CHAPTER 3 Property-Specific Reporting

  • 23Unclaimed Property Reporting Instructions

    If an insurer is unable to confirm the death of an insured or retained asset account holder after the insurer identifies a DMF match, the insurer may consider the relevant policy, contract, or account to remain in force according to its terms.

    To the extent permitted by law, the insurer may disclose minimum necessary personal information about the insured, retained asset account holder, or beneficiary to a person the insurer reasonably believes may be able to assist the insurer in locating a person entitled to payment of the claim proceeds.

    An insurer or the insurer’s service provider may not charge an insured, retained asset account holder, beneficiary, or authorized representative any fees or costs associated with conducting a DMF match.

    The proceeds of a life insurance policy, annuity contract, or retained asset account and any accrued contractual interest, are first payable to each designated beneficiary or owner as provided by the applicable policy or contract or terms governing the applicable account.

    If a DMF match is confirmed, the proceeds of the relevant policy, contract or account are considered unclaimed proceeds on the third anniversary of the date on which, according to the insurer’s records, the insurer completed a good faith effort to locate a beneficiary or authorized representative if the proceeds remain unpaid, and no beneficiary or authorized representative has submitted a claim for the proceeds to the insurer before that date.

    The unclaimed property report must be signed and sworn to by an officer of the company and state the following:

    1. in alphabetical order the full name of the insured or annuitant, the last known address of the insured or annuitant according to the company’s records, and the policy or contract number;

    2. the amount due on the policy or contract according to the company’s records;

    3. the date the proceeds became payable;4. the name and last known address of each beneficiary

    or other person who, according to the company’s records, may have an interest in the proceeds; and

    5. any other identifying information the Comptroller requires.

    A life insurance company may not report individual accounts of less than $25 in the aggregate without providing the above information.

    Delivery of Proceeds to ComptrollerA life insurance company required to file a report under Section 1109.051 shall deliver to the Comptroller with the report all unclaimed proceeds described by the report.

    Retention of Records by Insurance Companies(a) A life insurance company required to file a report

    under Section 1109.051 shall maintain a record of:

    (1) the name and last known address, if any, of the insured, annuitant, or beneficiary;

    (2) the policy or contract number; and

    (3) the amount of the proceeds due on the policy or contract according to the company’s records.

    (b) The company shall maintain the record until at least the 10th anniversary of the date the proceeds are required to be reported, regardless of whether the amount was reported in the aggregate. The Comptroller by rule may provide for a shorter retention period for the record.Source: Insurance Code, Chapter 1109

    Property-Specific Reporting CHAPTER 3

  • 24 Unclaimed Property Reporting Instructions

    Local GovernmentTexas counties, municipalities, school districts and junior colleges should only remit amounts greater than $100 to the Comptroller’s office. Individual amounts of $100 or less should be remitted to your local county treasurer (or city/school district/junior college comptroller or finance director). The treasurer must publish the missing owners’ names and process all claims submitted by prospective owners of amounts of $100 or less. Contact us for more information by phone at 800-321-2274, Option 2, or by email at [email protected].

    Local Governments must mail a written notice to the owner on property valued at more than $250. Refer to Chapter 2: Filing Your Report for requirements regarding due diligence.

    Source: Texas Property Code, Chapter 74 and 76

    Mineral ProceedsThe abandonment period for unclaimed mineral proceeds is three years and commences on the date you were first unable to make payment to the owner because you lost contact. This could be the date of an uncashed check, the date of a returned check or the date the owner’s funds are put into suspense.

    Texas is considered a Current Pay State for unclaimed property reporting. This means the first time you report a missing owner, you remit the total net amount you are holding for that owner, as of the date of your remittance, even though the three-year abandonment period may not have run on the entire balance they are owed.

    Property that must be remitted is not limited to royalties held in suspense. You must also review your records for abandoned working interests, delay rentals, overriding royalties, etc. Refer to Chapter 4: Reference Tables, Property Type Codes and Abandonment Periods for a complete list of property types. Your revenue accounting department may have information on returned or uncashed checks for owners not yet in suspense.

    Oil and gas companies are also required to report other types of property besides mineral proceeds. Examples of

    other property types are securities and securities-related cash, expense checks, accounts payable, employee wages and miscellaneous outstanding checks.

    Source: Texas Property Code, Section 75.101 (a)-(b)

    Reporting Mineral ProceedsWhen reporting mineral proceeds derived from a Texas lease or well, you are required to include the following:

    • The name of the lease, property or well• Any identification number used to identify the lease,

    property or well• The county in which the lease, property or well is

    locatedSource: Texas Property Code, Section 74.101

    Continuing Payments Due OwnersAfter you have remitted money on behalf of an owner, any additional amounts that accrue in subsequent years must also be reported. You must hold monthly checks and include them on your annual report. Continuing production payments should be reported with property type code MI10.

    Due diligence letters are not required for ongoing production paid to owners after their names have been reported to the state.

    Separate current production reports are no longer accepted.

    Source: Texas Property Code, Section 75.101

    Reminders for Current Production Reporting

    Use the standard NAUPA property type codes MI01 through MI09 the first time you report a missing owner on your annual report. In subsequent years, when remitting proceeds for that same owner, use Property Type Code MI10.

    Please submit one check for the total due all owners.

    Do not continue to send current production payments to our office for any owner that has contacted you.

    Please email [email protected] with any questions about these requirements or call us at 800-321-2274, Option 2.

    CHAPTER 3 Property-Specific Reporting

  • 25Unclaimed Property Reporting Instructions

    Mutual Fund Shares, Distributions and ChecksInvestment companies generally hold the following types of unclaimed property:

    Property Description Property Type Code

    Dividend reinvestment plans SC19

    Shares SC16

    Income distribution checks SC01

    Capital gains distribution checks SC01

    Nontransferable certified shares SC40

    Book entry shares SC41

    Nontransferable securities held by broker/dealer

    SC42

    Commission checks MS02

    Expense or vendor checks MS04

    Payroll checks MS01

    Education savings accounts mutual funds

    CS01

    Traditional IRAs IR02

    ROTH IRA mutual funds IR06

    Health savings investments HS02

    Identifying Unclaimed SharesBegin the abandonment period when either a sum payable is unclaimed or the first piece of mail is returned by the post office (RPO). Check your system to determine if the recorded RPO date ref lects the first RPO event.

    Source: Texas Property Code, Section 72.101(b)

    Criteria for shares to determine if the account is unclaimed as of the immediate past March 1:

    1. All distributions have remained unclaimed for at least three years, or

    2. The account has had RPO mail beginning at least three years ago.

    Continue to hold the account until these conditions are met.

    At the time the shares become unclaimed, the entire account and any cash proceeds due the owner are also considered unclaimed. The shares should be reported using property type code SC16. The cash proceeds should be reported as dividends with property type code SC01.

    Identifying Unclaimed Distributions and All Other ChecksMutual fund companies may also hold unclaimed income or capital gains distributions for various reasons. Distribution proceeds may not have been reduced to check form. Checks for closed accounts may be outstanding or returned by the post office and should be reported as credit balances using property type code SC20.

    Criteria to determine if checks are unclaimed:

    1. All distributions have remained unclaimed for at least three years, or the account has had RPO mail beginning at least three years ago.

    2. The owner has not communicated, in writing or otherwise, regarding the account within the past three years.

    Property-Specific Reporting CHAPTER 3

  • 26 Unclaimed Property Reporting Instructions

    If the liability was not reduced to a check, it is still reportable, and the criteria still applies.

    If the mutual fund is Depository Trust Corporation (DTC) eligible, please remit the shares to our DTC account. Otherwise, transfer reported shares into an existing account for the Comptroller’s office, Unclaimed Property Division, at the issuing mutual fund family. If no account currently exists for the specific mutual fund, please email our custodian at [email protected] for instructions.

    Preparing Your Remittance

    1. Prepare a separate remittance report for each fund and one for the operating company.

    2. Open an account for each fund styled as follows: Registration: TEXAS COMPTROLLER OF PUBLIC ACCOUNTS UNCLAIMED PROPERTY DIVISION P. O. BOX 12019 AUSTIN, TEXAS 78711-2019 Tax ID Number: 74-6000089 Distribution Options: Income distributions in cash capital gains distributions in cash

    3. Close all unclaimed accounts. Credit the share balance in each account to the appropriate Texas Comptroller master account.

    4. By July 1: • Transmit your report for each fund. • Remit the total amount of cash listed on the reports. • Mail a statement for the master account of each fund

    as of June 30 to: P.O. BOX 12019, AUSTIN, TEXAS 78711-2019.

    Account Maintenance DutiesOnce accounts have been registered in the state’s name, send statements for each account to the Comptroller’s office. Shares should not be liquidated, and cash/capital gains distributions should not be reinvested. Send all income distributions and capital gains to the Comptroller’s office by check. Remember that any cash generated from shares in the state’s name should not be reinvested.

    From time to time, you may receive special redemption instructions from our custodian, the Texas Treasury Safekeeping Trust Company. These instructions will detail how to deliver proceeds to them. Until special redemption instructions are received, do not liquidate shares in accounts and send cash to the Comptroller’s office.

    Stocks Claimed by OwnerWhen a claimant proves ownership, our custodian will provide you with the owner’s updated address and instructions to debit our account and credit the owner’s account. We will disburse any cash we may hold directly to the owner.

    REMEMBER:

    • Do not make a physical delivery of shares to the Comptroller’s office.

    • Do not reinvest subsequent cash distributions after shares have been transferred to the state’s master account.

    • Do not redeem shareholders’ accounts and remit proceeds unless otherwise notified by our custodian.

    CHAPTER 3 Property-Specific Reporting

  • 27Unclaimed Property Reporting Instructions

    Securities or Securities- Related CashGeneral Rules for Reporting

    The following rules must be observed for reporting your securities-related property:

    1. File separate reports for each issue of stock, providing each issuing company’s FEIN.

    2. Owners who are owed more than one amount of the same property type should be listed on your report only once (e.g., four quarterly dividend payments). Combine all the amounts due the owner during the applicable reporting period into one total. Provide the beginning and ending dates on which the amounts were payable.

    3. If you are reporting bearer bonds or unclaimed interest on the bonds, the owners of the properties should be listed as unknown. Complete descriptions of the bonds must be provided in the description fields or boxes. Descriptions must include the issue name, series, bond number and all outstanding coupon numbers.

    4. The delivery method for your securities must be indicated on your report using the securities delivery codes listed in Chapter 4.

    5. When reporting underlying, unexchanged, unredeemed or unsurrendered shares, indicate the amounts and issue names of any outstanding shares (i.e., still in the possession of the shareholders).

    6. If you are remitting underlying shares, shares returned by the post office (RPO shares) or both, please combine all shares of the same issue and class into one certificate. Your report, however, must reflect the number of underlying shares and the number that are RPO for each of the owners.

    7. Please begin the registration process early, so that securities are delivered no later than the July 1 remittance deadline. Extensions cannot be granted for delays in registration.

    Determining What Property to ReportAll property not previously reported that is unclaimed for the applicable abandonment period or longer should be included in your report. When examining your records, use the last entry or activity generated by the owner to commence the abandonment period, OR the date the first piece of mail was returned by the post office, OR the date the first distribution went unclaimed by the owner.

    In all cases, the amount you report will be the total due the owner as of the date of your remittance, even though some may be recent payments.

    All types of securities and securities-related cash have three year abandonment periods. Review your records as of March 1 of the current year and determine all property that was payable or distributable to the owner on or before March 1 three years ago.

    For underlying shares, use the following test to determine if the property is unclaimed:

    1. All distributions have remained unclaimed for at least three years, or the account has had RPO mail, beginning at least three years ago.

    2. The owner has not communicated, in writing or otherwise, regarding the property within the past three years.

    Property-Specific Reporting CHAPTER 3

  • 28 Unclaimed Property Reporting Instructions

    Property Type CodesEach property listed on your report must be assigned a property type code. Your choice of codes is important because it determines what kind of information we require of a claimant. Definitions of the more frequently used codes follow. See Chapter 4: Reference Tables, Property Description Field Requirements section for a complete list.

    Code Property Type

    SC01 Cash dividends. Include the issue name of the security.

    SC02 Registered bond interest due an owner of a registered security. Do not use this code to report interest paid on a bearer bond.

    SC07 Bearer bond interest and matured principal should be reported with this code. The owner should be listed as “unknown.” A complete description, including issue name, series, bond number and all outstanding coupon numbers must be provided. The total cash amount of unclaimed interest and principal should be provided in the cash amount remitted field.

    SC08 Use this code to report undelivered certificated shares – that is, stock returned by the post office (RPO shares). These shares are most often the result of a stock split or stock dividend. The issue name of the security must be included in the description field and the CUSIP number in the appropriate field.

    SC09 Use this code to report cash for fractional shares. Provide the issue name of the security. Do not report liquidation proceeds under this code. Use the SC13 code for liquidation proceeds.

    SC10 Unexchanged shares arising from a merger or buy-out should be reported with this code. Provide the number of shares of the successor corporation in the shares remitted field. These are the shares you will remit to the Comptroller’s office. Provide the issue name of the successor corporation’s stock and the issue name of unexchanged stock.

    SC12 Underlying physical shares must be reported under this code. These certificated shares are presumed to be in the possession of the shareholder. The certificates must be canceled on the books of the issuer and reissued to the Texas Comptroller of Public Accounts. Besides providing the issue name and number of underlying shares held by the owner, please provide the CUSIP number if one is assigned. You must also report all cash and stock dividends payable on the underlying shares as of the date of your remittance.

    SC13 Report liquidation or redemption proceeds (cash only) under this property type code. The issue name of the liquidated security and number of shares presumed to be in the possession of the shareholder should also be included in the description field. The total cash amount due each shareholder should be provided in the cash amount remitted field.

    SC18 Matured principal on a registered bond should be reported using this code. Do not use this code to report matured principal on a bearer bond (see SC07).

    SC19 Dividend reinvestment plan shares must be remitted to the Texas Comptroller of Public Accounts in whole shares. Fractional shares existing at the time of the report must be liquidated and reported separately (see SC13). Reinvestment must be stopped, and all future dividends or other distributions remitted as cash.

    SC20 Brokers should report credit balances due missing owners under this code. If remitting shares, they must be registered to the Texas Comptroller of Public Accounts.

    SC40 Nontransferable certificated shares remitted to the state. Report securities under this code that are in physical form and in original owner name that will be remitted to the Texas Comptroller of Public Accounts.

    SC41 Book entry shares. Use this code to report shares that have not been issued as physical securities on the reported owner. Shares reported using this code will have been in book entry or electronic form since original purchase. Any shares that have, at any time, been issued as a physical certificate to the owner will be reported using SC12, Underlying Shares.

    SC42 Securities held by a securities broker/dealer. Securities brokers/dealers reporting property that will be maintained in an account at the broker/dealer and not remitted to the state. This code should only be used for securities that cannot be directly transferred to our DTC account or transferred by way of Deposit/Withdrawal At Custodian (DWAC) to DTC.

    CHAPTER 3 Property-Specific Reporting

  • 29Unclaimed Property Reporting Instructions

    Before delivering securities electronically, a list of the stock must either be:emailed to [email protected] and [email protected]

    ORfaxed to 512-463-5893

    Attn: Settlement and Custody Services

    A copy of the list must also be faxed to 512-463-3750, Attn: Holder Reporting and Education.

    Headings for the stock listed should include the

    following information:

    The body of the list should be in CUSIP order and list

    the following information:

    • Delivery date• Delivering DTC broker I.D.• Remit year• Remitter’s name• Remitter’s tax identification

    number

    • Issue name• Issue CUSIP• Share quantity per

    settlement transaction

    Electronic Remittance of SecuritiesThe Comptroller’s office prefers that all securities be remitted electronically to the state’s custodian, the Texas Treasury Safekeeping Trust Company.

    Prepare separate lists when securities are being delivered via the DTC or the Federal Reserve Bank. To verify receipt of the fax or to request a read receipt from the email system, call Securities Transfer staff at 512-475-3339.

    Please include the appropriate security delivery code on your holder report for all reported securities. The reference tables in Chapter 4 include a list of security delivery codes.

    DTC Delivery InstructionsParticipant Account No: 2622Participant Name: Texas Treasury Safekeeping Trust CoAccount No: 463600002Reference: Unclaimed Prop Remit from (insert remitter’s name)

    All deliveries must be versus free payment.

    If shares cannot be delivered directly to our DTC account, please contact our custodian, Texas Treasury Safekeeping Trust Company to initiate a DWAC transaction to our account.

    Federal Reserve Bank Delivery InstructionsABA#: 114900164Bank Name: Tx Comp AustinSubAccount: DealerReference: Attn: Unclaimed PropertyAll deliveries must be versus free payment.

    Physical Delivery of SecuritiesIf you are remitting shares, they must be registered to the Texas Comptroller of Public Accounts. The registration requirements are listed below.

    Securities must be registered to:Texas Comptroller of Public Accounts Tax ID 74-6000089

    Mail your securities, any related cash and securities inventory forms to:

    Texas Comptroller of Public Accounts Unclaimed Property Holder Reporting and Education Section P.O. Box 12019 Austin, Texas 78711-2019

    Property-Specific Reporting CHAPTER 3

  • 30 Unclaimed Property Reporting Instructions

  • CHAPTER 4

    Reference TablesProperty Type Codes and Abandonment Periods

    FINANCIAL INSTITUTION ACCOUNTSPROPERTY TYPE: AC

    CODE PROPERTY YEARAC01 Checking accounts 3

    AC02 Savings accounts 3

    AC03 Matured certificates of deposit 3

    AC04 Code deleted —

    AC05 Code deleted —

    AC06 Code deleted —

    AC07 Unidentified deposits 3

    AC08 Code deleted _

    AC09 Other deposit accounts 5

    AC99 Aggregate account balances less than $25

    EDUCATIONAL SAVINGS ACCOUNTS PROPERTY TYPE: CS

    CODE PROPERTY YEAR

    CS01 Cash 3

    CS02 Mutual fund 3

    CS03 Securities 3

    CS99 Aggregate account balances less than $25

    TRUST, INVESTMENTS AND ESCROW ACCOUNTSPROPERTY TYPE: TR

    CODE PROPERTY YEARTR01 Paying agent accounts 3

    TR02 Undelivered dividends or uncashed dividends

    3

    TR03 Funds held in a fiduciary capacity

    3

    TR04 Escrow accounts 3

    TR05 Trust vouchers 3

    TR06 Pre-need funeral plans 3

    TR99 Aggregate trust property less than $25

    SAFE DEPOSIT BOXES AND SAFEKEEPINGPROPERTY TYPE: SD

    CODE PROPERTY YEARSD01 Contents of safe deposit

    boxes held by depositories5

    SD02 Safekeeping property 3

    SD03 Other tangible property 3

    SD04 Tangible unclaimed loan collateral

    3

    TRADITIONAL IRASPROPERTY TYPE: IR

    CODE PROPERTY YEARIR01 Cash (IRA, SEP, SARSEP,

    SIMPLE)3

    IR02 Mutual funds (IRA, SEP, SARSEP, SIMPLE)

    3

    IR03 Securities (IRA, SEP, SARSEP, SIMPLE)

    3

    IR04 Reserved for future use

    IR05 Reserved for future use

    IR06 ROTH IRA Mutual Funds

    IR07 ROTH IRA Investments

    IR99 Aggregate account balances less than $25

    HEALTH SAVINGS ACCOUNTS PROPERTY TYPE: HS

    CODE PROPERTY YEARHS01 Health Savings Accounts 3

    HS02 Health Savings Accounts Investments

    3

    HS99 Aggregate account balances less than $25

    INSURANCEPROPERTY TYPE: IN

    CODE PROPERTY YEAR

    IN01 Individual policy benefits or claim payments

    3

    IN02 Group policy benefits or claim payments

    3

    IN03 Death benefits due beneficiaries

    3

    IN04 Proceeds from matured policies, endowments or annuities

    3

    IN06 Unidentified remittances 3

    IN05 Premium refunds on individual policies

    3

    IN07 Other amounts due under policy terms

    3

    IN08 Agent credit balances 3

    IN99 Aggregate insurance property less than $25

    CHECKSPROPERTY TYPE: CK

    CODE PROPERTY YEARCK01 Cashier’s checks 3

    CK02 Certified checks 3

    CK03 Registered checks 3

    CK04 Code deleted _

    CK05 Drafts 3

    CK06 Warrants 3

    CK07 Money orders 3

    CK08 Traveler’s checks 15

    CK09 Foreign exchange checks 3

    CK10 Expense checks 3

    CK11 Pension checks 3

    CK12 Credit checks or memos 3

    CK13 Vendor checks 3

    CK14 Code deleted —

    CK15 Any other outstanding official checks or exchange items

    3

    CK16 CD Interest checks 3

    CK99 Aggregate uncashed checks less than $25

    Reference Tables CHAPTER 4

    31Unclaimed Property Reporting Instructions

  • UTILITIESPROPERTY TYPE: UT

    CODE PROPERTY YEARUT01 Utility deposits 1

    UT02 Membership fees 3

    UT03 Refunds or rebates 3

    UT04 Capital credit distributions 3

    UT99 Aggregate utility property less than $25

    COURTS/LEGALPROPERTY TYPE: CT

    CODE PROPERTY YEARCT01 Escrow funds 3

    CT02 Condemnation awards 3

    CT03 Missing heirs’ funds 3

    CT04 Suspense accounts 3

    CT05 Any other types of deposits made with a court or public authority

    3

    CT99 Aggregate court deposits less than $25

    PROCEEDS FROM MINERAL INTERESTS

    PROPERTY TYPE: MI

    CODE PROPERTY YEARMI01 Net revenue interests 3

    MI02 Royalties 3

    MI03 Overriding royalties 3

    MI04 Production payments 3

    MI05 Working interests 3

    MI06 Bonuses 3

    MI07 Delay rentals 3

    MI08 Shut-in royalties 3

    MI09 Minimum royalties 3

    MI10 Current production payments

    0

    GENERAL BUSINESS, MISCELLANEOUS CHECKS AND INTANGIBLE PERSONAL PROPERTY

    PROPERTY TYPE: MS

    CODE PROPERTY YEARMS01 Wages, payroll or salary 1

    MS02 Commissions 3

    MS03 Worker’s compensation benefits

    3

    MS04 Payment for goods and services

    3

    MS05 Customer overpayments 3

    MS06 Unidentified remittances 3

    MS07 Unrefunded overcharges 3

    MS08 Accounts payable 3

    MS09 Accounts receivable credit balances

    3

    MS10 Discounts due 3

    MS11 Refunds/rebates due 3

    MS12 Stored value cards/gift certificates

    1-3

    MS13 Cash loan collateral 3

    MS14 Sums payable under pension and profit sharing plans (KEOGH)

    3

    MS15 Property distributable in the course of involuntary dissolution or liquidation

    3

    MS16 Any other miscellaneous outstanding checks

    3

    MS17 Any other miscellaneous intangible personal property

    3

    MS18 Code deleted —

    MS99 Aggregate miscellaneous property less than $25

    Property Type Codes and Abandonment Periods (continued)

    SECURITIESPROPERTY TYPE: SC

    CODE PROPERTY YEAR

    SC01 Dividends 3

    SC02 Interest payable on registered bonds

    3

    SC03 Code deleted —

    SC04 Code deleted —

    SC05 Code deleted —

    SC06 Funds paid toward the purchase of shares or interest in a financial or business organization

    3

    SC07 Bearer bond interest and matured principal

    3

    SC08 Undelivered physical (RPO) shares

    3

    SC09 Cash for fractional shares 3

    SC10 Unexchanged stock of successor corporation

    3

    SC11 Any other certificates of ownership

    3

    SC12 Underlying shares 3

    SC13 Funds for liquidation/ redemption of unsurrendered stocks or bond

    3

    SC14 Debenture 3

    SC15 U.S. Government securities 3

    SC16 Book-entry mutual fund shares

    3

    SC17 Warrants or rights 3

    SC18 Matured principal on registered bonds

    3

    SC19 Dividend reinvestment plans

    3

    SC20 Credit balances 3

    SC40 Nontransferable Certificated Shares

    3

    SC41 Book Entry Shares 3

    SC42 Nontransferable Securities Held by Broker/Dealer

    3

    SC85 Demutualization cash 1

    SC86 Demutualization shares 1

    SC99 Aggregate securities-related cash less than $25

    CHAPTER 4 Reference Tables

    32 Unclaimed Property Reporting Instructions

  • 33Unclaimed Property Reporting Instructions

    Reference Tables CHAPTER 4

    Relationship CodesCode Title Description

    AD Administrator The person appointed by the court to handle the estate of someone who died without a will, with a will with no nominated executor, or the executor named in the will has died, has been removed from the case, or does not desire to serve.

    AG Agent For A person who is authorized to act for another (the agent’s principal) through employment, by contract or apparent authority.

    AF Attorney For A person who has been qualified by a state or federal court to provide legal services, including appearing in court, and is authorized to act for another.

    AN And (Unspecified Joint Relationship) Unspecified joint relationship including ‘AND’.

    BF Beneficiary Any person or entity (like a charity) who is to receive assets or profits from an estate, a trust, an insurance policy or any instrument in which there is distribution.

    CP Community Property Property or earnings received by a husband and wife during marriage, other than by gift, devise, or descent. Separate property is property owned by a spouse before marriage or received during the marriage by gift, devise or descent. In some jurisdictions, earnings from separate property are also separate property and in some jurisdictions, such earnings are community property. Recognized by California, Arizona, New Mexico, Texas, Nevada, Idaho, Washington, Wisconsin, Louisiana and Puerto Rico.

    CN Conservator A guardian and protector appointed by a judge to protect and manage the financial affairs and/or the person’s daily life due to physical or mental limitations or age.

    CF Custodian A person with whom some article is left, usually pursuant to a contract (called a “contract of bailment”), who is responsible for the safe return of the article to the owner when the contract is fulfilled.

    DF Defendant The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

    ES Estate All the possessions of one who has died and are subject to probate (administration supervised by the court) and distribution to heirs and beneficiaries, all the possessions which a guardian manages for a ward (young person requiring protection and administration of affairs), or assets a conservator manages for a conservatee (a person whose physical or mental lack of competence requires administration of his/her affairs).

    EX Executor or Executrix The person appointed to administer the estate of a person who has died leaving a will which nominates that person.

    FB For Benefit of A person who is entitled to property that is held by another person (typically a custodian or trustee). FB is typically used in trustee, self-directed, inherited, education and transferred accounts.

    GR Guardian A person who has been appointed by a judge to take care of a minor child (called a “ward”) or incompetent adult personally and/or manage that person’s affairs.

    HE Heir Anyone who receives property of a deceased person either by will or under the laws of descent and distribution. Explanation: a devisee under a will is also an “heir”, even though unrelated to the decedent.

    IN Insured The person or entity who will be compensated for loss by an insurer under the terms of a contract called an insurance policy.

    JT Joint Tenants An account held in joint tenancy presumes a right of survivorship, but this presumption can be overcome by evidence that the account was really the property of only one, and the joint tenancy was for convenience. Right of Survivorship is not specifically stated.

    JS Joint Tenants with Rights of Survivorship

    A type of account which is owned by at least two people, where all tenants have an equal right to the account’s assets and are afforded survivorship rights in the event of the death of another account holder. In this type of account, a surviving member will inherit the total value of the other member’s share of account assets upon the death of that other member. All members of the account are